Express Scripts Gets Fraud Charges Dismissed

Law360, New York (June 11, 2007, 12:00 AM EDT) -- The Supreme Court's recent Twombly decision was once again put to use on a defendant's behalf in a federal case, when a judge on Thursday granted a pharmacy benefit management company's motion to dismiss, saying the plaintiffs' fraud charges were too ambiguous to merit continued proceedings.

In June 2006, Express Scripts Inc. filed a motion to dismiss Pearson's Pharmacy Inc.'s complaint, filed in January 2006 in the U.S. District Court for the Middle District of Alabama, charging ESI with fraudulent misrepresentation and suppression in failing to...